A. It is unlawful for any person(s) to own, keep, or harbor a vicious animal within the city; except animals under the control of a law enforcement or military agency. For the purpose of this chapter an animal may be deemed vicious if any of the following are met:
1. The animal, when unprovoked or non-defensively, has bitten or attacked a person or persons or other animals on private or public property causing severe wounds or injuries resulting in muscle tears, disfiguring lacerations, requiring multiple sutures, corrective or cosmetic surgery, one or more broken bones or that creates a potential danger to the health and life of the victim(s).
2. The animal could not be controlled or restrained by the owner at the time of the bite or attack on a person to prevent the occurrence.
3. The animal has bitten any person(s) or animal(s) 3 times in a consecutive 12 month period.
4. The animal has a known and/or exhibits propensity, tendency or disposition to attack unprovoked, causing serious injury or otherwise threatening in past or present conduct the safety of a person(s) or animal(s) as witnessed and/or documented by an animal control officer or a law enforcement agency.
B. Any animal deemed vicious shall be immediately impounded and held by the animal shelter. The owner shall be issued a citation and given a court date. The animal shall not be released from the animal shelter at any time unless court ordered by the court, and only be released to the owner.
C. Any animal declared to be vicious by the court, shall be humanely destroyed pursuant to court order.
D. The owner of a vicious animal shall be responsible for payment of any expenses incurred by the city for impounding, keeping, and/or destroying said animal, including expenses incurred by Animal Control during the disposition of the animal. Failure to pay incurred expenses within 15 days after destruction of said animal is a violation of this section.
(Ord. 14-1121, § 3, passed 12-9-2014; Ord. 12-1078, passed 6-12-2012)